Back
RAMESH SINHA, RENU AGARWAL
State of U. P. – Appellant
Versus
Govind Pasi – Respondent
JUDGMENT :
(Renu Agarwal, J.)
1. The capital reference No. 1 of 2018 arises out of reference made by learned trial court under Section 366 (1) of Cr.P.C, 1973 to this Court for confirmation of death sentence awarded to appellant Govind Pasi.
2. The Criminal Appeal No. 1004 of 2018 has also been preferred by the convict appellant Govind Pasi s/o Hari Prasad Pasi R/o Gram Kumbh Police Station Gyanatnagar District Faizabad against the judgment and order dated 17. 5.2018 passed by the Additional Sessions Judge, F.T.C.-I, Faizabad in Sessions Trial No. 122 of 2013 State Vs. Govind Pasi, arising out of Case Crime No. 27 of 2013 Police Station Inayat Nagar District Faizabad vide which the accused has been convicted and punished with imprisonment for life and fine of Rs. 20,000/-under Section 376 IPC, imprisonment for the period of three months in default of payment of fine and has been convicted and punished with death penalty with 20,000/-fine under Section 302 IPC.
3. The facts of the case in brief are that:
4. An FIR was lodged by the complainant Jamuna Prasad on 29.01.2013 that his niece aged about 10 years went to school but did not return. On search the dead body of deceased ‘X’ was
Death sentence – Standardisation of sentencing would not be possible because no two criminal cases are identical and standardisation would leave no room for judicial discretion.
The court ruled that the death penalty is not warranted in this case, emphasizing the need for a balance between aggravating and mitigating circumstances, ultimately commuting the sentence to 30 year....
Circumstantial evidence, particularly the 'last seen' principle, can suffice for conviction in rape and murder cases yet demands rigorous scrutiny for reliability.
(1) Evidence is only to be weighed and not to be counted – It is essentially, for prosecution to decide as to how many witnesses are to be examined to establish its case on any particular point.(2) D....
(1) Constitutional guarantees of equality before law, protection of life and personal liberty, protection in respect of conviction, and protection against arrest and detention, do not expand into a c....
The imposition of the death penalty requires the statutory provision of special reasons, and a balancing of aggravating and mitigating circumstances must be conducted.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
